Ontario’s Working for Workers Five Act, 2024 (Bill 190) is updating many employment law requirements. Among its key amendments, Bill 190 introduces two important amendments for harassment law: the expansion of the definition of workplace harassment and workplace sexual harassment to include virtual harassment and the launching of a consultation process where workplace harassment occurs.
Harassment Law – Expanding the Definition
One of the most significant changes introduced by Bill 190 is the expansion of the definition of “workplace harassment” and “workplace sexual harassment” to include virtual harassment. This amendment to the definition under the OHSA now explicitly protects workers from inappropriate behavior that occurs through the use of information and communication technologies. Virtual harassment may include inappropriate emails or messages, behavior during video calls, and harassment via social media or other digital platforms.
By modernizing the definition of harassment, Bill 190 reflects the evolving realities of hybrid and remote work, ensuring that employees are protected whether harassment occurs in person or online.
With the new changes to Ontario’s workplace harassment laws, employers must adapt their policies to address virtual harassment effectively. This includes updating harassment policies to cover inappropriate behavior in digital spaces, such as emails, chats, and video calls. Setting clear expectations for virtual conduct, providing regular training on digital etiquette, and encouraging employees to report incidents are essential steps to creating a respectful and safe work environment.
Employees should know that virtual harassment is now formally recognized under Ontario’s updated laws, meaning harassment through digital interactions is treated as seriously as in-person incidents. It’s important to stay informed about company policies, understand how to report virtual harassment, and be aware of your rights, even while working remotely. Employers remain responsible for ensuring a safe work environment, whether in a physical or virtual environment.
For employers, this means updating policies and practices to align with these new regulations. For employees, it means understanding your rights and speaking up when inappropriate behavior occurs, whether it happens in the office or online.
